National Warranty manual

6.5 Applicable law. This Warranty, including, but not limited to, the arbitration provision, will be governed by the FAA (see section 1.5) which preempts any inconsistent applicable state law, regulation, or judicial decision. Even if a part of these arbitration provisions is determined to be unenforceable under applicable law, both parties retain the right to resolve disputes through binding arbitration. 6.6 Appointment of Arbitrator. The arbitration will be conducted before an arbitrator appointed by the American Arbitration Association (the “AAA”). If the AAA declines to arbitrate a dispute, or if the AAA is not available, the parties will agree to an alternative arbitrator or have a court appoint a new arbitrator whose experience and training in construction arbitration is similar to that of an AAA trained arbitrator. Any disputes concerning the interpretation, the enforceability, or the unconscionability of this arbitration agreement, including, without limitation, its revocability or voidability for any cause, the scope of arbitrable issues, and any defense, including, without limitation, defenses based upon waiver, estoppel, or laches, shall be decided solely by the arbitrator. 6.7 Construction Arbitration Rules. The arbitration will proceed in accordance with the AAA's rules applicable for residential construction at the time the arbitration claim is filed, except to the extent a rule is inconsistent with the provisions of this Warranty. If there are no specific rules for residential construction, then the AAA’s rules applicable for the general construction industry will apply. Such rules will apply even if the arbitration is not conducted by the AAA. 6.8 Joinder of additional parties to arbitration. We both agree that: (A) Any dispute covered by section 6.4 that involves claims against our officers, directors, agents, employees, representatives and parent, subsidiary, affiliate or successor entities, future acquired entities or affiliated companies, will also be resolved through arbitration. (B) Either party may join as a party to the arbitration any third-party subcontractor or supplier (including, but not limited to, any contractor, vendor, engineer, architect or design professional) substantially involved in a common question of fact or law. (C) The parties waive their right to institute or participate in a class or any other representative arbitration or any type of legal action as a member or a representative of a class for any matter covered by Section 6 or this Warranty. The parties acknowledge that the arbitrator is not authorized to permit any class or representative Arbitration. (D) The parties further agree that any such arbitration shall only be between the parties to this Warranty, except as set forth in Sections 6.8 (A) and (B) above, and shall not be joined or consolidated with the claims or arbitration of any other buyer unless specifically agreed to in writing by all parties and acknowledge that the arbitrator is not authorized to permit any consolidation or joinder with any other buyer. 6.9 Initiating arbitration. Either party may begin the arbitration process. The failure to initiate arbitration at any particular time will not be considered a waiver of the right to compel arbitration of a dispute. The only way this right to arbitrate claims may be waived is by a


Made with FlippingBook - professional solution for displaying marketing and sales documents online